Philippine Bar review · Question

Practice question: Proportionality

Multiple Choice Hard

Practice question

A prosecutor alleges the Article8(2)(b)(iv) offense but relies solely on a finding that an attack breached some precaution duty. The prosecutor omits the provision’s knowledge and clearly-excessive elements. Assume no other charging theory. What is correct?
  1. Those criminal elements must still be established; a different breach does not automatically prove this offense
  2. Any precaution breach conclusively proves every war crime
  3. The crime has no mental element
  4. The word clearly may be deleted by counsel
  5. A legal label replaces proof

Legal references

  • Additional ProtocolI Article57: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-57 Article57(2)(c),(3).
  • Rome Statute: https://legal.un.org/icc/statute/99_corr/cstatute.htm Article8(2)(b)(iv).

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